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PEPA/SIEL Call for Papers

From PEPA/SIEL: 5th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2016 Luxembourg, 14-15 April 2016 Organised by PEPA/SIEL in collaboration with the Research Unit in Law of the University of Luxembourg SIEL’s Postgraduate and Early Professionals/
Simon Lester 12 Nov 2015 1 min read

Passing of John Jackson

This is from Peter Van den Bossche: The passing of John Jackson leaves us with a feeling of tremendous loss. So many of us owe John so much! He was our teacher, mentor, inspirator, colleague and friend and never ceased to encourage, support and advise us throughout our career. We
Simon Lester 09 Nov 2015 1 min read

Passing of John Jackson

The sad news today that Professor John Jackson has passed brings back memories of all of his scholarly and professional contributions to international trade law, to the GATT, to the WTO, and to trade scholars and practitioners.  I very much cherished his friendship and have missed him in the past
Charnovitz 08 Nov 2015 1 min read

The Keystone XL Rejection

On Friday, President Obama announced the rejection of Canadian company TransCanada's application to build the Keystone XL pipeline.  He offered a brief explanation here. I'm puzzled by his explanation.  The first reason he gave is that the pipeline would not have created as many jobs as
Simon Lester 08 Nov 2015 2 min read

NAFTA vs. TPP ISDS

Following up on my post from last week, just to clarify, I didn't meant to suggest there is a conflict between NAFTA ISDS and TPP ISDS. I wasn't thinking about conflicts at all. (Although I also don't mean to suggest there is no conflict.
Simon Lester 08 Nov 2015 1 min read

Trade Damages vs. Investment Damages in TPP ISDS

This is from Ted Posner, who left it as a comment, but I'm putting it in a separate post: My comment concerns the relationship between "investment damages" and "trade damages." Take a look at article 9.28.2 of the newly released TPP text.
Simon Lester 08 Nov 2015 1 min read

Antidumping in the TPP

This is from trade lawyer Luiz Eduardo  Salles: The TPP text has been made public. The text is yet subject to legal scrubbing by the signatories, but this version should be nearly identical to the finally authenticated text. There is great excitement with the TPP given the potentially novel disciplines
Simon Lester 08 Nov 2015 1 min read

NAFTA ISDS and TPP ISDS

One issue I've been wondering about for a while is how TPP ISDS will interact with NAFTA ISDS (and ISDS in other FTAs between the TPP parties).  For example, if a Canadian investor in the U.S. wants to bring an investment claim, what would its options be
Simon Lester 05 Nov 2015 1 min read

The TPP Drafter’s Note on Interpretation of “In Like Circumstances”

The TPP "Drafter’s Note on Interpretation of 'In Like Circumstances'" is here. In paragraph 2, it says:  "Articles II.4 [NT] and II.5 [MFN] do not prohibit all measures that result in differential treatment. Rather, they seek to ensure that foreign investors or
Simon Lester 05 Nov 2015 1 min read

The TPP Minimum Wage Provision

Here's another obscure TPP issue I've been following: Will there be a requirement that TPP countries adopt a minimum wage? Article 19.3 of the labor chapter says the following: 2. Each Party shall adopt and maintain statutes and regulations, and practices thereunder, governing acceptable conditions
Simon Lester 05 Nov 2015 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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